What Are The Benefits Of Mediation in a Divorce?

It is never easy to go through a divorce even when you are amicable with your soon to be ex-spouse. Ending a marriage is difficult in any situation. Emotions can cause parties that would normally be able to discuss issues in a calm, rational matter not to be able to be in the same room with each other. Unfortunately, when parties simply cannot agree on the issues of a divorce, litigation is the alternative that most couples choose to settle their differences. Litigation can be costly and time-consuming. A more cost-effective and efficient way of resolving their issues may be through mediation.

What is Mediation?

Mediation is an informal process whereby a neutral third party facilities discussions between the parties in hopes of resolving the issues in an amicable manner. The mediator does not have decision-making power because the parties are in control of the outcome. The mediator is there to help the parties identify issues, foster productive communication between the parties, and help the parties explore various settlement options for resolving their differences.

Mediation is private and confidential. It offers a non-threatening, non-confrontational environment for parties to negotiate a solution to their issues. Principles that are key to a successful mediation are flexibility, fairness, and full disclosure.

What are the Benefits of Mediation?

The most obvious benefit is the cost. A lengthy, highly contested litigation can be very costly for both parties. If the parties can put aside their emotions and agree to negotiate in a rational manner, mediation can produce a mutually satisfactory settlement at a fraction of the cost of litigation. The other benefit is time. Kentucky courts are very busy. It could take months or even a year for a judge to hear a contested family court matter. Mediation is much faster than going through a prolonged litigation process.

Mediation typically produces a more satisfactory settlement than parties can obtain by allowing a judge to make all of the decisions for them. A judge does not know the parties or their children. The judge can only make decisions based on the information provided in court during a relatively short trial. Mediation allows the parties to arrive at a settlement that is flexible and meets their needs and the needs of their children.

Mediation can also help improve the relationship between spouses. In many cases, the divorce process and the emotions involved in ending a marriage make communication between the parties difficult. Fear, anger, frustration, and hurt often cloud decisions causing parties to act on emotions rather than thinking things through. During the mediation process, parties often find they are able to resolve some of these emotions to allow them to communicate more effectively with their ex-spouse. This is especially beneficial for parties with children who must continue to communicate in the future.

Contact an Experienced Radcliff and Elizabethtown Family Law Attorney

We’ve Helped Thousands of KY Families, we can help you!

The divorce lawyers of Musselwhite Meinhart & Staples, PSC have over 50 years of combined legal experience. If you are struggling with a family law issue such as divorce, custody, alimony, or property division, our attorneys can help you. We represent clients throughout central Kentucky.

Contact us at our Radcliff and Elizabethtown Office in Hardin County at (270) 351-6032 or toll-free at 1-800-754-HELP to schedule a free consultation with one of our attorneys. You may also contact our office through our convenient online contact form.